Queensland Consolidated Acts Queensland Consolidated Acts(1) In a proceeding for an offence, a court must not admit into evidence against a defendant identifying particulars taken from the defendant under section 25 unless the court is satisfied a support person chosen by the child was present when the identifying particulars were taken.
(2) Subsection (1) does not apply if--
(a) the prosecution satisfies the court there was proper and sufficient reason for the absence of a support person when the particulars were taken; and
(b) the court considers that, in the particular circumstances, the particulars should be admitted into evidence.
(3) This section does not require that a police officer permit or cause to be present when the identifying particulars are taken a person whom the police officer suspects on reasonable grounds--
(a) is an accomplice of the child; or
(b) is, or is likely to become, an accessory after the fact;
for the offence or another offence under investigation.
(4) Also, this section does not require that a police officer permit or cause to be present when the identifying particulars are taken a parent of the child whom the police officer suspects on reasonable grounds is a person against whom the offence under investigation is alleged to have been committed.
(5) This section does not limit the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion.